SC Notice to Centre on Muslim Inheritance Law Plea

Petition Alleges Gender Discrimination

The Supreme Court on Thursday sought the Union government’s response on a public interest litigation challenging the Muslim Personal Law (Shariat) Application Act, 1937, over provisions that allegedly discriminate against Muslim women in matters of inheritance.

A Bench led by Chief Justice Surya Kant issued notice to the Ministry of Minority Affairs after hearing advocate Prashant Bhushan, who appeared for petitioners Poulomi Pavini Shukla and the Nyaya Naari Foundation.

Constitutional Violations Flagged

The petition contends that existing inheritance rules under the Shariat Act grant Muslim women half or even less of the share given to male counterparts. This, the plea argues, violates Article 14, which guarantees the right to equality.

Bhushan submitted that succession is a civil matter and does not qualify as an “essential religious practice” protected under Article 25 of the Constitution. “This is a very important constitutional issue that requires consideration by this Court,” he told the Bench.

Court Tags With Pending Cases

The Bench, also comprising Justices Joymalya Bagchi and Vipul M. Panchol, tagged the matter with similar pending petitions. The court is already hearing cases filed by Muslim individuals seeking application of the Indian Succession Act instead of Shariat law in inheritance disputes.

According to officials familiar with the proceedings, the court agreed that the issue warrants constitutional scrutiny.

Uttarakhand UCC Cited as Precedent

The petition has invoked the Uniform Civil Code enacted in Uttarakhand in 2024 to highlight geographical discrimination. It argues that Muslim women in Uttarakhand now receive equal inheritance rights under the UCC, while those in other states remain bound by the unequal provisions of the Shariat Act.

This creates an unconstitutional classification based solely on location, the plea states.

 Key Reliefs Sought Before Apex Court

The petitioners have asked the court to declare Section 2 of the 1937 Act void to the extent it discriminates against Muslim women, arguing it violates Articles 13, 14, 15, and 21. They also want a ruling that inheritance rules under Shariat are not essential religious practices.

Interim directions have been sought to ensure uniform, gender-equal inheritance rights for Muslims across India until Parliament amends the law. The plea also requests the court to direct the Union government to amend succession laws in line with constitutional guarantees.

 Constitutional Questions at Core

Legal experts tracking the case say it raises fundamental questions about the intersection of personal laws and fundamental rights. Can religious personal laws governing succession withstand scrutiny under the Constitution’s equality framework? The answer may reshape inheritance rights for millions of Muslim women.

 What Happens Next

The Centre has been given time to file its response. The Supreme Court is expected to take up the matter alongside pending petitions in the coming weeks. Legal observers note that any judgment could have far-reaching implications for personal law reforms across the country.

As per sources, the government is yet to formulate its official stand on whether it supports amending the 1937 Act or defending its provisions as protected religious practice.